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ShareNew Delhi: Compromise between parties to a criminal offence may not necessarily culminate in the end of proceedings initiated against the accused, the Delhi High Court has said.
Justice VK Jain said the court was not duty bound to quash the proceedings even if the parties have compromised in a non-compoundable criminal offence and should apply its mind cautiously in such cases.
"The court has to apply its mind to the facts and circumstances of each case that comes up before it for quashing, note the special features, if any, justifying quashing of the prosecution and then come to an appropriate conclusion," the judge said.
The non-compoundable offences are those which are grave in nature and considered to be against the interest of society at large.
"There is no denial that in appropriate cases the High Court has the inherent power to quash an FIR or a criminal complaint even if the offence is otherwise not compoundable.
But, this proposition of law has to be applied taking into consideration the facts and circumstances of each case," the court said.
The Court passed the order on a bunch of petitions seeking quashing of criminal cases on account of compromise between the parties.
